Submissions on behalf of Watchtower Bible and Tract Society of Australia

141 Pages·2015·2.65 MB·English

Royal Commission into Institutional
Responses to Child Sexual Abuse

Submissions on behalf of
Watchtower Bible and Tract Society
of Australia & Others

9 November 2015

SUBM.1029.001.0001
Table of Contents
1. EXECUTIVE SUMMARY OF SUBMISSIONS 5
2. ORGANISATION OF SUBMISSIONS 6
3. PART IA: AN OVERVIEW OF THE SUBMISSIONS AND SOME
PRELIMINARY MATTERS 7
THE SIGNIFICANCE OF RELIGIOUS BELIEFS 7
MISCONCEPTIONS ABOUT JEHOVAH’S WITNESSES 8
RELIGIOUS FREEDOM IN AUSTRALIA 8
TWO UNIVERSES OF DISCOURSE – TWO DIFFERENT CONCERNS 9
Sins and Crimes 9
Religious belief and another’s “reality” 11
RELIGIOUS DOCTRINE AND FREEDOM OF RELIGIOUS BELIEF 12
The correct interpretation of Scripture is not relevant in this context 13
ADULTHOOD AND PRESERVING THE DIGNITY OF CHOICE 13
4. PART IB: THE ROYAL COMMISSION’S TERMS OF REFERENCE 15
CONSTRAINTS OF THE TERMS OF REFERENCE 15
5. PART IC: THE APPROACH OF JEHOVAH’S WITNESSES 17
CO-OPERATION AND ASSISTANCE 17
PREVENTION OF CHILD SEXUAL ABUSE (“CSA”) AND PARENTAL RESPONSIBILITY 18
REPORTING TO THE SECULAR AUTHORITIES 18
REPORTING WITHIN THE FAITH 20
INVESTIGATION OF CSA BY ELDERS: PROCEDURAL MATTERS 20
EVIDENTIAL MATTERS 21
RESPONSES 22
Handling CSA offenders within the faith 22
Mr Davies’ evidence 22
Expert’s assistance 23
6. PART ID: SOME OTHER IMPORTANT MATTERS 24
THEN AND NOW 24
THE TWO CASES AND IMPROVING RESPONSES 24
SECTION 316 CRIMES ACT 1900 (NSW) 25
7. PART IE: THE SUGGESTED FINDINGS OF COUNSEL ASSISTING 27
APPROPRIATE FINDINGS AND SYSTEMIC CONSIDERATIONS 28
8. CONCLUSIONS TO PART I 31
9. PART II SUMMARY OF AVAILABLE FINDINGS 32
CAS PART 1: OVERVIEW OF JEHOVAH’S WITNESSES 32
Available findings on Jehovah’s Witnesses’ relationship with secular
authorities 32
CAS PART 2: HISTORICAL CHILD SEXUAL ABUSE 34
Available findings on historical child sexual abuse data 34
CAS PART 3: BCB 36
Available findings on BCB’s first disclosure 36
SUGGESTED REVISED AND AMENDED FINDINGS 42
Available findings on BCB’s second disclosure 43
CAS PART 5: BCG 44
Available findings on the investigation and judicial committee processes
following BCG’s disclosure 44
Available findings on the reinstatement of BCH 56
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Available findings on the impact of the judicial committee process on
criminal proceedings against BCH 58
Available findings on the risk management and second disfellowshipping of
BCH 59
CAS PART 6: A SCRIPTURAL APPROACH TO CHILD SEXUAL ABUSE POLICY 60
Available findings on the authority of the Governing Body 60
CAS PART 7: CURRENT SYSTEMS, POLICIES AND PROCEDURES FOR RESPONDING TO ALLEGATIONS OF
CHILD SEXUAL ABUSE 63
Available findings on the investigation process 63
Available findings on the judicial committee process 74
Available findings on the management of risk 79
Available findings on sanctions – reproval 81
Available findings on sanctions – disfellowshipping 86
Available findings on reporting 88
Available findings on the Jehovah’s Witness organisation’s policy on
reporting 89
Available findings on the impact of the Jehovah’s Witnesses organisation’s
processes on criminal processes 95
Available findings on Mr Geoffrey Jackson’s stated empathy for survivors 98
CAS PART 8: CURRENT SYSTEMS, POLICIES AND PROCEDURES FOR PREVENTING CHILD SEXUAL
ABUSE 99
Available findings on the system of prevention of child sexual abuse –
WWCC 99
Available findings on the system of prevention of child sexual abuse – risk of
reoffending 100
CAS PART 9: ADDITIONAL ISSUES 101
Available findings on the accessibility of procedures and policies 101
Available findings on shunning 102
CAS PART 10: DR MONICA APPLEWHITE 106
Available findings on Dr Applewhite’s expert opinions 106
Available findings on Dr Applewhite’s oral evidence 108
10. PART III: SOME FURTHER MATTERS 112
11. PART IV: SUMMARY OF SUGGESTED FINDINGS THAT JEHOVAH’S
WITNESSES ACCEPT AND PROPOSED AMENDED FINDINGS 114
RESPONSE TO SUGGESTED FINDINGS ON THE JEHOVAH’S WITNESSES RELATIONSHIP WITH THE SECULAR
AUTHORITIES 114
RESPONSE TO SUGGESTED FINDINGS ON HISTORICAL CHILD SEXUAL ABUSE DATA 114
RESPONSE TO SUGGESTED FINDINGS ON BCB’S FIRST DISCLOSURE 115
RESPONSE TO SUGGESTED FINDINGS ON BCB’S SECOND DISCLOSURE 118
RESPONSE TO SUGGESTED FINDINGS ON THE INVESTIGATION AND JUDICIAL COMMITTEE PROCESSES
FOLLOWING BCB’S DISCLOSURE 119
RESPONSE TO SUGGESTED FINDINGS ON THE REINSTATEMENT OF BCH 123
RESPONSE TO SUGGESTED FINDINGS ON THE IMPACT OF THE JUDICIAL COMMITTEE PROCESS ON
CRIMINAL PROCEEDINGS AGAINST BCH 124
RESPONSE TO SUGGESTED FINDINGS ON THE RISK MANAGEMENT AND SECOND DISFELLOWSHIPPING OF
BCH 125
RESPONSE TO SUGGESTED FINDINGS ON THE AUTHORITY OF THE GOVERNING BODY 125
RESPONSE TO SUGGESTED FINDINGS ON THE INVESTIGATION PROCESS 126
RESPONSE TO SUGGESTED FINDINGS ON THE JUDICIAL COMMITTEE PROCESS 129
RESPONSE TO SUGGESTED FINDINGS ON THE MANAGEMENT OF RISK 130
RESPONSE TO SUGGESTED FINDINGS ON SANCTIONS - REPROVAL 131
RESPONSE TO SUGGESTED FINDINGS ON SANCTIONS - DISFELLOWSHIPPING 131
RESPONSE TO SUGGESTED FINDINGS ON REPORTING 132
RESPONSE TO SUGGESTED FINDINGS ON THE JEHOVAH’S WITNESSES ORGANISATION’S POLICY ON
REPORTING 132
RESPONSE TO SUGGESTED FINDINGS ON THE IMPACT OF THE JEHOVAH’S WITNESSES ORGANISATION
PROCESSES ON CRIMINAL PROCESSES 134
RESPONSE TO SUGGESTED FINDINGS ON MR JACKSON’S STATED EMPATHY ON SURVIVORS 135
RESPONSE TO SUGGESTED FINDINGS ON THE SYSTEM OF PREVENTION OF CHILD SEXUAL ABUSE—
WWCC 135
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RESPONSE TO SUGGESTED FINDINGS ON THE SYSTEM OF PREVENTION OF CHILD SEXUAL ABUSE—RISK
OF REOFFENDING 135
RESPONSE TO SUGGESTED FINDINGS ON THE ACCESSIBILITY OF PROCEDURES AND POLICIES 136
RESPONSE TO SUGGESTED FINDINGS ON SHUNNING 136
RESPONSE TO SUGGESTED FINDINGS ON DR APPLEWHITE’S EXPERT OPINIONS 138
RESPONSE TO SUGGESTED FINDINGS ON DR APPLEWHITE’S ORAL EVIDENCE 140

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1. Executive Summary of Submissions
1.1 Jehovah’s Witnesses do not condone or cover up the abhorrent sin and crime
of child sexual abuse. In fact, as is clear from the statistical summary quoted
by Counsel Assisting the Royal Commission in his opening address, it is quite
apparent that Jehovah’s Witnesses have for at least the last 65 years taken a
proactive role in investigating and documenting such abuse and taking action
against proved abusers.
1.2 The investigation and judicial findings by Jehovah’s Witnesses are part of an
ecclesiastical process and are not intended to be a replacement for any
criminal and/or civil inquiry.
1.3 Elaboration of these submissions and the reasons for them are set out in the
sections below.
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2. Organisation of submissions
2.1 These submissions are organised as follows:
(a) Part I is in the following sections:
(i) Part IA is an overview of the submissions and deals with some
preliminary matters;
(ii) Part IB addresses the Royal Commission’s Terms of Reference;
(iii) Part IC addresses the approach of Jehovah’s Witnesses to child
sexual abuse matters;
(iv) Part ID addresses some other important related matters; and
(v) Part IE is an overview of the appropriateness of Counsel
Assisting’s suggested findings and systemic considerations.
(b) Part II addresses each of the 77 findings that Counsel Assisting
considers are available to be made on the evidence before the Royal
Commission.
(c) Part III addresses further matters that Jehovah’s Witnesses consider are
appropriate for the Royal Commission to take into account.
(d) Part IV summarises the findings that Jehovah’s Witnesses accept, those
that they reject and those that they consider should be amended.
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3. Part IA: An overview of the submissions and some preliminary
matters
3.1 Below we set out, by way of an overview, matters that are relevant to the
broader context in which the Royal Commission is operating and specific
matters that are relevant to its findings and ultimately to its recommendations.
The significance of religious beliefs
3.2 It is estimated that there are over two billion persons around the world who,
like Jehovah’s Witnesses, believe in the existence of God and Jesus Christ.
They rely principally upon the words of the Bible to guide them in their beliefs
and their daily lives. They find comfort in their lives from their religious beliefs
and look to the government to respect their religious beliefs. In this regard,
Jehovah’s Witnesses are no different in their expectations of the secular
authorities than others.
3.3 Jehovah’s Witnesses, like the members of other faiths, are law-abiding
citizens of the countries in which they live. However, like all imperfect
humans, an individual within the faith may commit a serious sin that is also a
violation of the secular law. Jehovah’s Witnesses invariably address such a
breach according to their Bible-based religious beliefs and practices. For the
reasons developed further below, it would be wrong to conclude that the
religious principles, procedures and practices of Jehovah’s Witnesses applied
in dealing with matters of sin within their congregations were intended to
supplant the criminal law or to provide an alternative system for dealing with
criminal conduct.
3.4 Based on their understanding of the Bible’s teachings, Jehovah’s Witnesses
are taught to respect the government and they do not isolate themselves from
1
human society. As was pointed ou t during the public hearings of the Royal
Commission, Jehovah’s Witnesses have as members, amongst others,
lawyers, doctors, psychologists, policemen and policewomen, and members
2
of many other occupations and callings. When needed, Jehovah’s Witnesses
seek help from qualified professionals in the fields of law, medicine and

1 Romans 13:1; 1 Corinthians 5:10.
2 Exhibit 29‐0019, First statement of R P Spinks, STAT.0591.001.0001_R at [54-][56];
Exhibit 29-0023, Statement of V J Toole, STAT.0593.001.0001_R at [22];
Exhibit 29‐0024, First statement of T J O’Brien, STAT.0592.001.0001_R at [25];
Transcript of R P Spinks, T15741:22-23 and T15674:7-10 (Day 152);
Transcript of T J O’Brien, T15858:19-21 and T15861:29-38 (Day 153).
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mental health. Most Jehovah’s Witnesses have family members who belong
3
to other religions or who are atheists.
Misconceptions about Jehovah’s Witnesses
3.5 At times, Jehovah’s Witnesses are the subject of misconceptions. When
examined objectively, such views are found to be distorted or untrue.
3.6 For example, the relationship of Jehovah’s Witnesses to the government is
forthright. Jehovah’s Witnesses obey the law and strongly advocate respect
for government officials. Only in the rare instance when a secular law
conflicts with God’s law would one of Jehovah’s Witnesses disobey a
4
governmental authority. This can be seen in the case of Jehovah’s
Witnesses in Nazi Germany who endured imprisonment and even execution
rather than submit to the Nazi regime. On the other hand, as evidence of their
respect for governmental authority, Jehovah’s Witnesses report crimes to the
authorities when required by law to do so, they seek legal recourse through
the judicial system when they are wronged and they conscientiously pay their
5
taxes.
Religious Freedom in Australia
3.7 We are thankful that the Australian government is not antithetical to the
holding of or the free exercise of religious beliefs. Indeed, many persons,
such as the German Lutherans in South Australia, came to Australia to
escape religious persecution in their homeland. Notably, section 116 of the
Commonwealth of Australia Constitution Act (“the Constitution”) protects the
free exercise of religion and precludes interference from Commonwealth laws.
3.8 It is in that broader context of freedom that one must understand religious
practices. A person is free to practice his/her religious beliefs to the extent
that such practice is not prohibited by law and not only to the extent that it is
permitted by law. Logically, unless a religious practice or procedure is
prohibited by law, a question that assumes an obligation to do something
proceeds upon a false premise as to the free exercise of religion in Australia.
Some of the questions asked and some of the points made by Counsel
6
Assisting assumed that such an obligation existed. The problem with this
assumption is that an example wa s often offered as proof of the truth of an

3 Exhibit 29‐0024, First statement of T J O’Brien, STAT.0592.001.0001_R at [4];
Transcript of T J O’Brien, T15845:12-14 (Day 153).
4 Acts 5:29.
5 Romans 13:1 .
6 See, for example, the exchange at Transcript of V J Toole, T15763.10 - 11 (Day 153) .
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assumption, but the o pposite is demonstrated by reliance upon another
example, as the Commissioner , the Hon. Justice McClellan observed when he
referred to the fact that some might desire a matter to be dealt with
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confidentially :
“But, Mr Jackson, many of these people don't want to go to the police
because that involves potentially a public process, trial, and so on. It's
very common that people don't want to go to the police.”
3.9 We trust that the findings and recommendations made by the Commission will
have a secure foundation and respect the freedom of belief and the free
exercise of religion, as Constitutionally protected. It would, however, be
unfortunate if findings or recommendations had the effect of denying to
members of a faith the right to adhere to their beliefs or to freely exercise their
religious choice. For example, an adherent may prefer that a matter be cared
for within his/her faith. It would be unfortunate if findings or recommendations
of the Royal Commission had a “chilling effect” on the disclosure of cases of
abuse to ministers.
3.10 The High Court of Australia has often emphasised the need to protect
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minorities from the misuse of power. Unpopular views do not necessarily
equate to unlawful or illegal conduct. From an uninformed point of view, i t is
eas y to say that a crime should always be reported to the authorities , but the
legal system is not that simple. A number of factors may be involved , f or
example: What does the law require? What does the victim or his/her
parents want to be done about the m atter ? What is the morally right thing to
do? What do the Scriptures say about the matter? Ignoring any of these
questions oversimplifies relevant considerations and results in positing a
simplistic , untenable solution .
Two Universes of Discourse – two different concerns
Sins and Crimes
3.11 In the universe of discourse that is concerned with religious beliefs, a sin is a
thought or conduct contrary to the tenets of a faith, as understood and
practiced by its adherents. A sin is not always the same thing as a crime.
Although, in many instances, it can, and obviously will, be. Jehovah’s

7 Transcript of G W Jackson, T15987:32-35 (Day 155) (The Hon. Justice McClellan speaking) .
8 See, for example, Adelaide Co. of Jehovah’s Witnesses Inc. v. The Commonwealth (1943) 67 CLR 116 at 124
per Latham J.
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Witnesses regard child sexual abuse as both a n abhorrent sin and a crime .
Sinning does not have the same consequences either for a survivor of the
conduct or for the sin ner in the world of faith as a crime does in the criminal
justice system. Within most religions, avoiding sinning, repentance for one’s
sins, the forgiveness of sins and compassion for the victim and sinner are
central tenets. Many non-religious people sometimes will not, or cannot,
understand how or why a Christian may forgive a repentant sinner and
exercise compassion in so doing.
3.12 On the other hand, in the criminal law, repentance, forgiveness and
compassion are not centrally important concepts, although they sometimes
have a role to play in the sentencing and rehabilitation of convicted persons.
Rather, the central concerns of the criminal law are with the prevention,
investigation, prosecution, punishment of crimes and the rehabilitation of the
10
criminal. In that universe of d iscourse, the rules of evidence and the burden
of persuasion are also central concepts.
3.13 One cannot equate the responses taken in a religious context involving a
sinner and the responses/consequences for a perpetrator in the cri minal
context. One cannot measure the utility of the responses to child sexual
abuse by a comparative exercise between the relig ious and secular arena s,
11
as the Commissioner , the Hon. Justice McClellan observed . To do so would
be to proceed upon a false assumption, namely, that the two universes of
discourse share the same objectives and processes and that the raison d’etre
for them is the same. Neither time, nor space, unfortunately permits us to
12
give all of the reasons why that is not so.
3.14 When two u niverses of discourse co - exist, they can sometimes overlap but
they do not necessarily share the same concerns, objectives, or means by
which to achieve th eir ends. The appearance of Jehovah’s Witnesses before
the Royal Commission demonstrated something of the truth of the proposition.
Jehovah’s Witnesses sought to assist the Commission by explaining what

9 Exhibit 29‐0019, First statement of R P Spinks, STAT.0591.001.0001_R at [13];
Exhibit 29‐0024, First statement of T J O’Brien, STAT.0592.001.0001_R at [47] ;
Exhibit 29‐0003, WAT.0001.004.0306 at 0309 (The Watchtower, January 1, 1997 p. 29).
10 See e.g. Criminal Law by Gillies (The Law Book Co. Ltd. 1985) page 2.
11 Transcript of Dr M L Applewhite, T15500:46 - T15501:1, 13 - 17 (Day 10) (The Hon. Justice McClellan
speaking).
12 For example, and, to begin with, the world of religion is concerned with the avoidance of sin because it
offends God and prevents a person from leading a virtuous life as a prelude to future blessings from
God . In the criminal world, the avoidance of crime is seen as beneficial to the common good and not as a
prelude to future blessings from God . “Repentance” is essential to a religion because once a person has
sinned, it is essential that they realise the error of their ways, repent of their wrongdoing and seek
forgiveness from God. Recognition of wrongdoing is relevant in the criminal law principally to the
question of sentencing and rehabilitation of the individual. Whilst it may have had a religious origin, it is
not used for that purpose in the criminal law.
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